Civil Case Cover SheetCal. Super. - 6th Dist.March 25, 2021CM-O1O Aggfisgpgfigwgfwrggub} 151118235; (Name, sue Bummer,mam;- ron counr use ouLv arris ersona Injury Lawyers, Inc. ' ' 55 s. Market Street, Suite 1010 EleCtmmFauy F'led San Jose, CA 951%8 2 360 408 0 by Superior Court of CA, rELEpHONE No; .-5'1 - 0 FAX No.: -32 -0092 n f n a | r monusv Fon mm).- PlamtlffAshrafEssam Shoukr, et a1 gzlélztglgozsr 1: .3c4 aAnan’ SUPERIOR couar 0F CALIFORNIA. coum'v 0F Santa Clara I ' STREET ADDRESS: 191 N. 1 st Street ReVIEWGd By: V. Taylor MAILING ADDRESS: 191 N. lst Street Case #21 CV381 128 cm AND ZIP cone: San Jose, CA 951 13 - BRANCH NAME: Unlimited Civil Envelope. 6109922 CASE NAME: Shoukr v. Cheng, ct al C'VIL CASE COVER SHEET Complex Case Designation CASE NUMBER: Unlimited E Limited D D _ 21 CV381 128(Amount (Amount Counter Jounder . demanded demanded is Filed with first appearance by defendant JUDGE exceeds $25,000) $25,000 or less) (Cal. Rules of Court, rule 3.402) DEPT: Items 1-6 below must be completed (see instructions on page 2). 1. Check one box below for the case type that best describes this case: Ame Ton Contract Provisionally Complex 6|le Litigation Auto (22) D Breach of contmmnanty (06) (cal. Rules of Court, rules 3400-3403) Uninsured motorist (46) D Rule 3.740 collections (09) D AnlitrusUTrade regulation (03) Other PIIPDIWD (Personal InjuryIPmperty D Other collections (09) D Construction defect (10) DamagelWrongful Death) Tort D Insurance coverage (18) D Mass tort (40) Asbestos (04) D Other contract (37) E Securities litigation (28) Pr°dU°t "abimy (24) Real Property E EnvironmentallToxic tort (30) Medica' malpracuce (45) D Eminent dqmainllnverse E Insurance coverage claims arislng from lheD Other pl/pDIWD (23) condemnatlon (14) above listed provisionally complex case Non-PuPDIwo (Other) Tort D Wf°n9f"' eV'Ction (33) types (41)D Business tom'unfair business practice (07) E Other real proper” (26) Enf°r°ement Of JuugmemE Civil figms (03) unlawfm Datalner E Enforcement ofjudgment (20)E Defamation (13) commemial (31) Miscellaneous Clvll ComplalntD Fraud (16) D Residential (32) E Rico (27)D Intellectual property (19) E Drugs (33) D Other complaint (not specified above) (42)D meessmfla' ”99'i93m9 (25) Judic‘a' Rev'e‘" Miscellaneous Clvll PetitionE Other mn'P'IPD’WD m“ (35) D Asset forfeiture (05) E Partnershlp and corporate governance (21) Em loyment D Petition re: arbitration award (11) D o‘her petition (not specmedabove) (43) Wrongful termination (36) D Writ of mandate (02)D Other empioyment (15) D Otherjudicial review (39) 2. This case D is m is not complex under rule 3.400 of the California Rules of Court. If the case ls complex. mark the factors requiring exceptional judicial management: a.D Large number of separately represented parties d.E Large number of witnesses b.D Extensive motion practice raising difficult or novel e.D Coordination with related actions pending in one or more courts issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court c.D Substantial amountofdocumentary evidence f. E Substantial postjudgmentjudicial supervision 3. Remedies sought (check all thatapply): am monetary hm nonmonetary; declaratory or injunctive relief c. Epunitive 4. Number of causes of action (specify): l. Negligence 5. This case E is is not a class action suit. 6. If there are any known related cases. file and serve a notice of related ca . use form C -015.) Date: March 25, 2021 Dayna Ellsworth, Esq. (TYPE 0R PRINT NAME) NOTICE o Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed under the Probate Code, Family Code. or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result in sanctions. ° File this cover sheet in addition to any cover sheet required by local court rule. o If this case is complex under rule 3.400 et seq. of the California Rules of Court. you must serve a copy ofthis cover sheet on all other parties to the action or proceeding. - Unless this is a collections case under rule 3.740 or a complex case. this cover sheet will be used for statistical purposes only; e 1m Form Ado tad for Mandel Use Cal‘ Rules of Conn. rules 2.30. 3.220. 3.400-3.403. 3.740; JudicialpCouncil o! Callfgrgila cIVIL CASE COVER SHEET Cal. sanded: of Judlclal Administration, std. 3.10 CM-01D [Rem July 1‘ 2007] wwwcoum‘nfosagav CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example. a complaint) in a civil case. you must complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This infomation will be used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1. you must check one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1, check the more specific one. If the case has multiple causes of action. check the box that best indicates the primary cause of action. To assist you in completing the sheet. examples of the cases that belong under each case type in item 1 are provided below. A cover sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party. its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25.000. exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages. (2) punitive damages. (3) recovery of real property. (4) recovery of personal property. or (5) a prejudgment writ of attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general time-for-service requirements and case management rules. unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. In complex cases only, panies must also use the Civil Case Cover Sheet to designate whether the case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court. this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs designation. a counter-designation that the case is not complex, or, if the plaintiff has made no designation. a designation that the case is complex. Auto Tort Auto (22)-Personal Injury/Properly DamageNVrongful Death Uninsured Motorist (46) (irme case involves an uninsured motorist claim subject to arbitration, check this item Instead ofAuto) Other PIIPDMID (Personal Injury! Property Damage/Wrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury! Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians 8. Surgeons Other Professional Health Care Malpractice Other PIIPDIWD (23) Premises Liability (e.g.. slip and fall) Intentional Bodily Injury/PDAM) (e.g.. assault. vandalism) Intentional lnfliction of Emotional Distress Negligent lnfliction of Emotional Distress Other Pl/PDNVD Non-PIIPDIWD (Other) Tort Business Ton/Unfair Business Practice (07) Civll Rights (e.g.. discrimination. false arrest) (not civil harassment) (08) Defamation (e.g.. slander. libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-PIIPDIWD Tort (35) Employment Wrongful Termination (36) Other Employment (15) cm-om [Ram July 1. 20071 CASE TYPES AND EXAMPLES Contract Breach of ContracWVarranty (06) Breach of RenIaIILease Contract (no! unlawful detainer or wrongful eviction) Contract/Warranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract! Warranty Other Breach of Conlract/Warranty Collections (e.g.. money owed. open book accounts) (09) Collection Case-Seller Plaintifi Other Promissory Note/Collections Case Insurance Coverage (not provisionally complex) (1 8) Auto Subrogalion Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domain/lnverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e.g.. qulel title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, Iandlord/lenant, or foreclosure) Unlawful Detalner Commercial (31) Residential (32) Drugs (38) (if the case involves illegal drugs, check this item: omerwise. report as Commercial or Residentiao Judicial Review Asset Forfeiture (O5) Petition Re: Arbitration Award (1 1) Writ of Mandate (02) Writ-Administrative Mandamus Wril-Mandamus on Limited Court Case Matter Writ-Olher Limited Court Case Review Other Judicial Review (39) Review of Health Officer Order Notice oprpeal-Labor Commlssloner Appeals CIVIL CASE COVER SHEET Provlslonally Complex Civil Litigation (Cal. Rules of Court Rules 3.400-3.403) AntitrustlTrade Regulation (D3) Construction Defect (10) Claims Involving Mass Tort (40) Securities Litigation (28) Environmental/Toxic Ton (30) Insurance Coverage Claims (an'sing from provisionafly complex case type listed above) (41) Enforcement of Judgment Enforcement of Judgment (20) Abstract of Judgment (Out of County) Confession of Judgment (nan- domeslic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Pelition/Certificalion of Entry of Judgment on Unpaid Taxes OthecraEsgforcement of Judgment Miscellaneous Clvil Complaint Rlco (27) Other Complaint (not specified above) (42) Declaratory Relief Only Injunctive Relief Only (nan- harassment) Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-tort/nan-complex) Miscellaneous Clvll Petltlon Partnershlp and Corporate Governance (21) Other Petition (not specified above) (43) Civil Harassment Workplace Violence EIder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page 2 uf2
